10-28-010 Permission required.

   (a)   For purposes of Sections 10-28-010 through 10-28-020, and as used in Sections 10-28-046, 10-28-065*, and 10-29-020, the following definitions apply:

* Editor's note – As set forth in Coun. J. 12-12-12, p. 44485, § 7; section does not currently exist.

   “City digital sign” has the same meaning ascribed to that term in Section 17-17-0234.5 .

   “Commissioner” means the Commissioner of Business Affairs and Consumer Protection.

   “Department” means the Department of Business Affairs and Consumer Protection.

   “Kiosk” means a free standing, permanent structure erected as an accessory to a building, and used to provide information concerning the building and its occupants.

   “Public Way” has the same meaning ascribed to that term in Section 1-4-090 and also includes any other public place.

   “Public Way Use” means any structure, device or other article on, over or under the public way for which a permit is required pursuant to this section.

   “Public Way Use Permit” or “Permit” means a permit issued for use of the public way.

   “Subsidewalk Space” means the space underneath the surface of any public way.

   “Subsidewalk Space Use” means the use of any subsidewalk space, or the construction or maintenance of any structure thereunder, or disturbing the sidewalk on the public way, for the purpose of constructing or maintaining any vault or structure thereunder, or any coalhole, trapdoor or other opening therein or thereon.

   (b)   Unless otherwise authorized by this Code, it shall be unlawful for any person to construct, install, or maintain any of the following on, under, or above the public way without a public way use permit authorized by ordinance passed by the City Council:

      (1)   a canopy, as that term is defined in Section 17-17-0233 ;

      (2)   a marquee, as that term is defined in Section 17-17-0295 ;

      (3)   an awning, as that term is defined in Section 17-17-0215 ;

      (4)   a bay window;

      (5)   a bridge;

      (6)   a kiosk;

      (7)   a clock or post at the curb, or a clock attached outside the face of any building;

      (8)   a loading platform, switch track or pushcart track;

      (9)   subsidewalk space use;

      (10)   a bench that does not contain advertisements, slogans, or messages; or

      (11)    any other structure or device, except for a City digital sign, that is on, over, or under the public way.

   (c)   Prior to the installation of any wire, pipe, cable or conduit on, under or over the surface of any public way pursuant to a permit issued under Section 10-29-020, a public way use permit shall also be required to maintain such wire, pipe, cable or conduit under, on or over the public way.

   (d)   No person shall place a vehicle-weighing scale on the public way; provided that this provision shall not apply to any unit of federal, state or local government.

   (e)   Nothing in this section shall authorize any person to make an opening in, or construct or repair any pavement in the public way unless such person holds a public way work license if such a license is required by Chapter 10-20 of this Code.

   (f)   Provided, however, no ordinance authorizing such public way use shall be required to construct or maintain (i) parking meters and signs by a person, or the person’s designee, acting pursuant to a concession agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of and the collection of fees from, certain designated parking meters, or (ii) City digital signs by a person, or the person’s designee, acting pursuant to a coordinated City digital sign program agreement approved by the City Council governing the operation, maintenance, improvement, installation and removal of such City digital signs.

   (g)   No permit shall be issued for the maintenance of any canopy or marquee attached to any building which extends over any boulevard, street or other public way taken over from the Chicago Park District by the City of Chicago by virtue of the Chicago Park and City Exchange of Functions Act, 70 ILCS 1545/0.01, et seq.; and provided that the Building Commissioner may issue a permit for the construction and temporary use of a canvas canopy or awning for a particular event requiring its use over such boulevards, streets, and public ways.

   (h)   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate this section or fails or refuses to cause the removal of such unauthorized structure within such time as may be fixed by the Commissioner, not exceeding 30 days, after notice in writing for such removal has been served upon the owner or person maintaining any such public way use. In addition to any penalty provided herein, after such notice by the Commissioner, the person, at his or her own expense, shall restore the public way, including any space underneath the surface of any public way, under the supervision and to the satisfaction of the Commissioner of Transportation. If the person fails to restore the public way, or fails to restore the public way, including any subsidewalk space, to the satisfaction of the Commissioner of Transportation, the City may restore the public way and charge the cost to the person.

   (i)   Notwithstanding subsection (h) of this section, the Commissioner is hereby authorized to order any item or thing whatsoever which may encumber or obstruct any public way, public landing, wharf or pier to be removed. If such item or thing shall not be removed within six hours after notice to the owner or person in charge to remove the same, or if the owner cannot be readily found for the purpose of such notice, the Commissioner of Transportation, the Executive Director of Emergency Management and Communications or the Commissioner of Streets and Sanitation shall cause the item to be removed to some suitable place, to be designated by the said department head. The owner of any item removed shall be subject to a penalty of not more than $10.00, in addition to the costs of such removal.

   Any item removed in accordance with this section, if of sufficient value to more than pay the expenses thereof, shall be advertised by the Commissioner for sale for ten days in a newspaper of general circulation and, after expiration of that time, shall be sold by the Department to the highest bidder; provided where there is no bidder for any such article, the Commissioner shall dispose of such article in the most cost-efficient manner; provided further that the owner may reclaim such article if the owner notifies the Commissioner in writing and pays the penalty and costs to remove such article prior to the expiration of the time for sale of such item. The proceeds of such sale shall be paid into the City treasury and the balance, if any, after deducting the penalty and costs, shall be paid to any person furnishing satisfactory proof of ownership.

   (j)   The issuance of a public way use permit does not authorize or permit the installation, erection, maintenance or enlargement of a sign without a valid sign permit issued by the Department of Buildings.

   (k)   The Commissioner may promulgate rules for the administration and enforcement of public way use permits. Any person violating any such rule shall be subject to the fines prescribed in this section.

(Prior code § 34-1; Amend Coun. J. 12-15-99, p. 21529, § 6; Amend Coun. J. 5-9-07, p. 105047, § 17; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 12-4-08, p. 50506, § 14; Amend Coun. J. 1-13-10, p. 83228, § 1; Amend Coun. J. 11-8-12, p. 38872, § 184; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 11-14-18, p. 90308, Art. III, § 1)

 

Notes

17-17-0234.5	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
17-17-0233	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
17-17-0295	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
17-17-0215	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.